Virginia overtime runs on a 40 hour week: 1.5x after 40 hours, no daily overtime. Enter your rate and hours for a Virginia estimate. The 2026 minimum wage is $12.77 an hour, with $13.75 set for 2027 and $15.00 scheduled for 2028.
Rules verified November 2026 · Sources: U.S. Department of Labor, Virginia Department of Labor and Industry
By Mudassir Khan
Virginia Overtime Wage Act math, aligned with federal FLSA. Each workweek stands alone.
Unpaid wage complaints go to the Virginia Department of Labor and Industry. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
Virginia requires 1.5 times the regular rate for hours over 40 in a workweek. The 2021 act briefly used its own regular rate math, but 2022 amendments rolled it back so calculations now follow the federal FLSA.
Virginia adjusts its minimum wage yearly. The 2026 rate is $12.77 an hour, rising to $13.75 on January 1, 2027 and $15.00 on January 1, 2028, then indexing to inflation. The tipped cash wage is $2.13.
Wage claims go to the Virginia Department of Labor and Industry, which investigates and can order payment. File within 3 years of when the wages were earned.
Gross = (40 × rate) + (hours over 40 × rate × 1.5)
| Rule | Virginia |
|---|---|
| Overtime rule | Virginia Overtime Wage Act: 1.5 times pay after 40 hours in a workweek; no daily overtime |
| Minimum wage 2026 | $12.77 an hour; tipped cash wage $2.13; $13.75 on Jan 1, 2027 and $15.00 on Jan 1, 2028 |
| State income tax | Graduated, 2% to 5.75% |
| Claim agency | Virginia Department of Labor and Industry |
| Claim deadline | 3 years for a DOLI wage claim; overtime lawsuits 2 years, 3 if the violation was willful |
| Worker | Math | Gross |
|---|---|---|
| $20/hr, 45 hours | $800 + 5 × $30 | $950.00 |
| $12.77/hr, 40 hours | 40 × $12.77 | $510.80 |
| $24/hr, 55 hours | $960 + 15 × $36 | $1,500.00 |
| $15/hr, 38 hours including one 12 hour day | 38 × $15, no overtime | $570.00 |
Example 4 is the Virginia point to remember: a 12 hour day earns nothing extra on its own. Only the weekly 40 hour line triggers the 1.5x premium, unlike daily overtime states such as Alaska.
The 2022 rollback simplified the math. The original 2021 Virginia Overtime Wage Act used a different regular rate calculation that confused payroll teams. The 2022 amendments aligned Virginia with the FLSA, so standard federal overtime math now works here. VOWA still adds remedies like liquidated damages and a private right of action in state court.
2026 brought new wage laws. Virginia expanded wage protections effective July 1, 2026, including broader employer definitions, pay transparency in job postings, and stronger enforcement. Minimum wage and overtime claims now sit inside a tougher enforcement regime.
Budget for the scheduled steps. At $12.77 in 2026, $13.75 in 2027 and $15.00 in 2028, the floor rises about 17% in two years. Overtime math for minimum wage workers should be rebuilt each January.
The federal baseline is explained in the FLSA overtime rules guide. For the neighboring state to the south, see the North Carolina overtime calculator.
Yes, the Virginia Overtime Wage Act. It requires 1.5 times the regular rate for hours over 40 in a workweek, and its calculations now follow the federal FLSA after the 2022 rollback.
$12.77 an hour, effective January 1, 2026. It rises to $13.75 on January 1, 2027 and $15.00 on January 1, 2028.
No. Virginia has no daily overtime rule. Only the weekly 40 hour line triggers overtime pay.
With the Virginia Department of Labor and Industry, within 3 years of when the wages were earned. You can also bring a private lawsuit in state court.
Yes. Virginia has a graduated income tax from 2% to 5.75%, and overtime wages are taxed like regular wages.
Yes, if nonexempt. A salary alone does not remove overtime rights. Only employees who pass the exempt duties and salary tests can be denied overtime pay.
Rates and rules checked against these sources in November 2026.
Want the same math without the Virginia framing? Use the overtime pay calculator. For the neighboring state to the south, try the North Carolina overtime calculator.